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Western Branch KinderCare
5700 Trucker Street
Portsmouth, VA 23703
(757) 484-1965

Current Inspector: Heather Harrell (757) 334-4329

Inspection Date: Dec. 19, 2018

Complaint Related: No

Areas Reviewed:
22VAC40-191 Background Checks (22VAC40-191)

An investigation was initiated on 12/12/18 in response to a self reported incident on that same date regarding inappropriate behavioral guidance of a child by a staff person. An unannounced on-site inspection was conducted on 12/19/18 and interviews with staff were conducted. Documentation and written policies related to the incident were also reviewed. The investigation was concluded on 1/9/19. Based on the information gathered during the investigation, the incident is determined to be valid. Two violations in the areas of administration and programs are identified on the violation notice.

Standard #: 22VAC40-185-40-E
Description: Based on staff interviews and a review of written policies, the center did not ensure that the operational responsibilities of the licensee shall include, but not be limited to, ensuring that the center's activities and services are maintained in compliance with the center's own policies and procedures that are required by these standards. Evidence: Staff 2 failed to adhere to Kindercare's written policy for Guidance, Protection and Respect for Children, which states: "Employees are required to use positive guidance techniques and to refrain from any unacceptable measures while caring for children on behalf of the Company," and "Any kind of physical discipline or corporal punishment, including but not limited to hitting, pinching, pushing, biting or grabbing a child is unacceptable." 1. Staff 2 stated that she "grabbed" child 1 by his face because he was running around the room, would not follow direction and told her to "shut up." 2. Staff 2's method of behavior guidance with child 1 was not positive or age appropriate in nature and is unacceptable child guidance, as stated in Kindercare's written policy.

Plan of Correction: The center replied with the following: Teacher was separated from duties due to inappropriate use of discipline and guidance. Ensure all staff is retrained on behavioral guidance and discipline policies.

Standard #: 22VAC40-185-400-B
Description: Based on staff interviews, the center did not ensure that behavioral guidance shall be constructive in nature, age and stage appropriate, and shall be intended to redirect children to appropriate behavior and resolve conflicts. Evidence: Staff failed to redirect children to appropriate behavior as demonstrated by the following incident that occurred on 12/12/18: 1. Staff 1 (assistant director) stated that on the morning of 12/12/18, child 1, age 4, told her that staff 2 "plucked" him on his lip. Staff 1 stated she asked child 1 to show her what happened and child 1 demonstrated the incident by "plucking" staff 1 on her hand. 2. Staff 3 (center director) stated she spoke with child 1 on the afternoon of 12/12/18 and child 1 stated he hurt his lip. Staff 3 stated she asked child 1 what happened and he told her that staff 2 "plucked my lip." Staff 3 stated she asked child 1 to show her what happened and he did so by "plucking" her on her hand. 3. Staff 2 stated to the licensing inspector that on the morning of 12/12/18, child 1 was running around the room and refusing to follow direction. Staff 2 stated she repeatedly asked child 1 to stop running and sit down, at which time child 1 pushed a chair and told staff 2 "No" and to "Shut up." Staff 2 stated "I grabbed him by the chin and told him not to talk to me that way." When asked to describe how she grabbed child 1, staff 2 stated she had her thumb on one side of his mouth and her other four fingers on the other side of his mouth. Staff 2 stated to the licensing inspector "I probably shouldn't have done that."

Plan of Correction: The center responded with the following: Ensure all staff is retrained on the behavioral and discipline policies.


A compliance history is in no way a rating for a facility.

The online compliance history includes only information after July 1, 2003. In addition, the online compliance history includes information regarding adverse actions that may be the subject of a pending appeal. An adverse action is not final until a provider has exhausted or waived all due process rights. For compliance history prior to July 1, 2003, or information regarding the status of pending adverse actions, please contact the Licensing Inspector listed in the facility's information. The Virginia Department of Social Services (VDSS) is not responsible for any errors in or omissions from the compliance history information.

Virginia Quality is a voluntary quality rating and improvement system for early care and education facilities serving children ages birth through pre-K. To find programs participating in Virginia Quality, click here.

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